The Scotsman

Commission­er demands sensitivit­y from landlords

- By BRIAN HENDERSON bhendersn@farming.co.uk

While cleared of contraveni­ng agricultur­al holdings legislatio­n, a report into the behaviour of agents working for one of Scotland’s largest agricultur­al landlords indicated that best practice codes had not always been followed – and that more sensitivit­y should have been evident during some negotiatio­ns.

Issuing the report, Tenant Farming Commission­er Bob Mcintosh said that he had been asked by Buccleuch Estates to look into their conduct following concerns raised at a public meeting regarding a number of terminatio­ns of tenancy arrangemen­ts.

Mcintosh said that he had reviewed five cases and although they had been conducted in accordance with the legislatio­n, “valuable learning points” relevant to all landlords had been raised over the ending of non-secure tenancies.

He said that when entering into such arrangemen­ts, and throughout the duration of an agreement, it was important that both parties were clear on expectatio­ns and aspiration­s – and that outcomes were recorded to avoid misunderst­andings of what had been agreed.

“Landowners must be able to pursue legitimate

business interests but should heed the principles set out in such publicatio­ns as the Scottish Government’s land rights and responsibi­lities statement, the landowners’ commitment published by Scottish Land and Estates and the Scottish Government’s guidance on engaging communitie­s on decisions relating to land,” said Mcintosh.

John Glen, chief executive of Buccleuch, said that he accepted that some of the negotiatio­ns could have been handled more sensitivel­y and regretted any stress suffered, adding it was not the estate’s intention to cause anxiety.

“We are pleased and relieved to see that the commission­er did not conclude we had bullied tenants during negotiatio­ns nor found evidence to substantia­te such an allegation,” he added.

He also pointed out that while some elements of the most recent code of practice might not have been adhered to, it had not been issued at the time of discussion­s: “I would like to make clear that had the guidance existed, our approach in these two cases would have been different. We note the commission­er’s comments on these points and would like to make it clear that it is our intent at all times to act within the letter and spirit of codes of practice.”

NFU Scotland’s policy manager, Gemma Cooper, said the findings backed up recent recommenda­tions that the developmen­t programmes of firms working in the arena should include training in interperso­nal skills.

While he granted Bucclceuch credit for requesting the review, Christophe­r Nicholson, chairman of the Scottish Tenant Farmer Associatio­n, said the report had been a valuable exercise in providing a clear example of the need for the cultural changes sought by the Scottish Land Commission.

David Johnstone, chairman of Scottish Land & Estates, said all in the tenanted sector had worked hard to develop the current codes of practice.

He added: “It is important that all involved – landlords, tenants and their agents – should strive to adhere to the spirit and letter of these codes.”

 ??  ?? 0 Bob Mcintosh, Tenant Farming Commission­er
0 Bob Mcintosh, Tenant Farming Commission­er

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